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False Dilemma Wikipedia Contents
False dilemma Wikipedia Contents 1 False dilemma 1 1.1 Examples ............................................... 1 1.1.1 Morton's fork ......................................... 1 1.1.2 False choice .......................................... 2 1.1.3 Black-and-white thinking ................................... 2 1.2 See also ................................................ 2 1.3 References ............................................... 3 1.4 External links ............................................. 3 2 Affirmative action 4 2.1 Origins ................................................. 4 2.2 Women ................................................ 4 2.3 Quotas ................................................. 5 2.4 National approaches .......................................... 5 2.4.1 Africa ............................................ 5 2.4.2 Asia .............................................. 7 2.4.3 Europe ............................................ 8 2.4.4 North America ........................................ 10 2.4.5 Oceania ............................................ 11 2.4.6 South America ........................................ 11 2.5 International organizations ...................................... 11 2.5.1 United Nations ........................................ 12 2.6 Support ................................................ 12 2.6.1 Polls .............................................. 12 2.7 Criticism ............................................... 12 2.7.1 Mismatching ......................................... 13 2.8 See also -
Almost Gone: the Vanishing Fourth Amendment's Allowance Of
GEE- TO PRINT (DO NOT DELETE) 5/21/2019 4:05 PM ALMOST GONE: THE VANISHING FOURTH AMENDMENT’S ALLOWANCE OF STINGRAY SURVEILLANCE IN A POST-CARPENTER AGE HARVEY GEE* TABLE OF CONTENTS I. FOURTH AMENDMENT JURISPRUDENCE AND THE LACK OF POLICE ACCOUNTABILITY IN TRAFFIC STOPS .......... 412 II. BEYOND TERRY V. OHIO: FROM ONE-ON-ONE ENCOUNTERS TO PROACTIVE LARGE-SCALE STOP AND FRISKS ON THE STREETS WITHIN A POLICE STATE ......................................................................................... 417 III. DIGITAL UPGRADE: SURVEILLANCE STATE TECHNOLOGY AND REFRAMING THE SUPREME COURT’S FOURTH AMENDMENT JURISPRUDENCE ........ 420 A. CARPENTER V. UNITED STATES: POSITIONING A RESILIENT FOURTH AMENDMENT ON A PRO-PRIVACY TRAJECTORY IN THE DIGITAL AGE ............................................................. 423 IV. PRIVACY AND THE FOURTH AMENDMENT AFTER CARPENTER: ARGUING AGAINST THE UNCONSTITUTIONAL USE OF STINGRAY SURVEILLANCE TECHNOLOGY ........................................... 430 * The author is an attorney in San Francisco. He previously served as an Attorney with the Office of the Federal Public Defender in Las Vegas and Pittsburgh, the Federal Defenders of the Middle District of Georgia, and the Office of the Colorado State Public Defender. LL.M, The George Washington University Law School; J.D., St. Mary’s School of Law; B.A., Sonoma State University. The author thanks Taylor Francis, Elvira Razzano, Austin Smith, and the Southern California Review of Law and Social Justice for their assistance and hard work in the preparation of this article. 409 410 REVIEW OF LAW AND SOCIAL JUSTICE [Vol. 28:3 A. THE SECRET USE OF STINGRAY SURVEILLANCE TECHNOLOGY BY LAW ENFORCEMENT ................................ 431 B. CALLS FOR A WARRANT REQUIREMENT FOR THE USE OF STINGRAY CELL-SITE SIMULATORS FROM LEGAL SCHOLARS ............................................................................ -
Comment Submitted by David Crawley Comment View Document
Comment Submitted by David Crawley Comment View document: The notion that my social media identifier should have anything to do with entering the country is a shockingly Nazi like rule. The only thing that this could facilitate anyway is trial by association - something that is known to ensnare innocent people, and not work. What is more this type of thing is repugnant to a free society. The fact that it is optional doesn't help - as we know that this "optional" thing will soon become not-optional. If your intent was to keep it optional - why even bother? Most importantly the rules that we adopt will tend to get adopted by other countries and frankly I don't trust China, India, Turkey or even France all countries that I regularly travel to from the US with this information. We instead should be a beacon for freedom - and we fail in our duty when we try this sort of thing. Asking for social media identifier should not be allowed here or anywhere. Comment Submitted by David Cain Comment View document: I am firmly OPPOSED to the inclusion of a request - even a voluntary one - for social media profiles on the I-94 form. The government should NOT be allowed to dip into users' social media activity, absent probable cause to suspect a crime has been committed. Bad actors are not likely to honor the request. Honest citizens are likely to fill it in out of inertia. This means that the pool of data that is built and retained will serve as a fishing pond for a government looking to control and exploit regular citizens. -
Foreign Corrupt Practices Act Alert Latin America Anti-Bribery Year-In-Review: 2019 Developments and Predictions for 2020
February 28, 2020 Foreign Corrupt Practices Act Alert Latin America Anti-Bribery Year-in-Review: 2019 Developments and Predictions for 2020 By Tico Almeida, Lillian Howard Potter, and John F. Walsh1 I. INTRODUCTION Foreign Corrupt Practices Act (FCPA) enforcement activity reached new heights in 2019. Corporate penalties paid to US enforcement agencies topped last year’s record levels, and individuals were charged at a pace matching last year’s near-record level.2 As discussed in detail below, Latin American citizens from Ecuador to Venezuela have recently found themselves facing criminal anti-corruption charges in federal courts in the US. These trends are critically important both to Latin American companies and to US companies doing business in Latin America. As recent enforcement trends show, foreign companies are a perennial target of US enforcement agencies. Nine of the top 10 all-time largest FCPA enforcement actions have been brought against companies based outside the US, including several Brazilian companies. Similarly, US companies with operations in Latin America have good reason to ensure that they have strong anti-corruption controls in place because, as discussed below, US enforcement agencies are investigating corruption by US companies operating across the region, from Mexico to Peru. This alert summarizes key Latin America 2019 anti-bribery enforcement developments and concludes with predictions for 2020. For a comprehensive global review of enforcement and policy developments, please refer to WilmerHale’s FCPA Alert: Global Anti-Bribery Year-in-Review for 2019. II. KEY INVESTIGATION-RELATED DEVELOPMENTS IN LATIN AMERICA A. Notable Features of 2019 Corporate Resolutions in Latin American Cases 1. -
Legal Responses and Countermeasures to National Security Letters
Washington University Journal of Law & Policy Volume 47 Intellectual Property: From Biodiversity to Technical Standards 2015 Legal Responses and Countermeasures to National Security Letters Brett Weinstein Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the National Security Law Commons Recommended Citation Brett Weinstein, Legal Responses and Countermeasures to National Security Letters, 47 WASH. U. J. L. & POL’Y 217 (2015), https://openscholarship.wustl.edu/law_journal_law_policy/vol47/iss1/15 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. Legal Responses and Countermeasures to National Security Letters Brett Weinstein INTRODUCTION In early June of 2013, governmental surveillance suddenly and dramatically entered the public consciousness, prompting a torrent of debate and backlash. The Guardian published a top secret court order requiring Verizon to hand over all telephone call records to the National Security Agency (NSA); the Washington Post disclosed a secret but widespread Internet surveillance program, and months of similar revelations followed, all stemming from leaks by former NSA contractor, Edward Snowden.1 As a result, the public and the press began to question the tools that the government uses for surveillance, including National Security Letters (NSLs), and the relationship between the government and the technology and telecommunications companies that seemingly possess all personal and private information generated in the modern, digital world.2 J.D. -
Citizenfour Discussion Guide
www.influencefilmclub.com Citizenfour Discussion Guide Director: Laura Poitras Year: 2015 Time: 114 min You might know this director from: The Oath (2010) My Country, My Country (2006) Flag Wars (2003) FILM SUMMARY Director Laura Poitras was in the middle of her third documentary on post-9/11 America when she received an email from “Citizenfour,” an individual claiming to possess insider information on the wide-scale surveillance schemes of the U.S. government. Rather than brushing the message off as bogus, she pursued this mysterious mailer, embroiling herself in one of the greatest global shockwaves of this millennium thus far. Teaming up with journalist Glenn Greenwald of “The Guardian,” Poitras began her journey. The two travel to Hong Kong, where they meet “Citizenfour,” an infrastructure analyst named Edward Snowden working inside the National Security Agency. Joined by fellow Guardian colleague Ewen MacAskill, the four set up camp in Snowden’s hotel room, where over the course of the following eight days he reveals a shocking protocol in effect that will uproot the way citizens across the world view their leaders in the days to come. Snowden does not wish to remain anonymous, and yet he insists “I’m not the story.” In his mind the issues of liberty, justice, freedom, and democracy are at stake, and who he is has very little bearing on the intense implications of the mass surveillance in effect worldwide. Snowden reminds us, “It’s not science fiction. This is happening right now,” and at times the extent of information is just too massive to grasp, especially for the journalists involved. -
Secret Brazil Archive Part 1
How and Why The Intercept Is Reporting on a Vast Trove of Materials About Brazil’s Operation Car Wash and Justice Minister Sergio Moro Glenn Greenwald, Leandro Demori, Betsy Reed June 9 2019, 3:57 p.m. Secret Brazil Archive Part 1 A massive archive of previously undisclosed materials reveals systematic wrongdoing among powerful officials — and the public has a right to know. The Intercept Brasil today published three explosive exposés showing highly controversial, politicized, and legally dubious internal discussions and secret actions by the Operation Car Wash anti-corruption task force of prosecutors, led by the chief prosecutor Deltan Dallagnol, along with then-Judge Sergio Moro, now the powerful and internationally celebrated justice minister for Brazilian President Jair Bolsonaro. These stories are based on a massive archive of previously undisclosed materials — including private chats, audio recordings, videos, photos, court proceedings, and other documentation — provided to us by an anonymous source. They reveal serious wrongdoing, unethical behavior, and systematic deceit about which the public, both in Brazil and internationally, has the right to know. Read Our Complete CoverageSecret Brazil Archive These three articles were published today in The Intercept Brasil in Portuguese, and we have synthesized them into two English-language articles for The Intercept. Given the size and global influence of Brazil under the new Bolsonaro government, these stories are of great significance to an international audience. This is merely the beginning of what we intend to be an ongoing journalistic investigation, using this massive archive of material, into the Car Wash corruption probe; Moro’s actions when he was a judge and those of the prosecutor Dallagnol; and the conduct of numerous individuals who continue to wield great political and economic power both inside Brazil and in other countries. -
Spy Lingo — a Secret Eye
A Secret Eye SpyLingo A Compendium Of Terms Used In The Intelligence Trade — July 2019 — A Secret Eye . blog PUBLISHER'S NOTICE: Although the authors and publisher have made every eort to ensure that the information in this book was correct at press time, the authors and publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, TEXTUAL CONTENT: Textual Content can be reproduced for all non-commercial accident, or any other cause. purposes as long as you provide attribution to the author / and original source where available. CONSUMER NOTICE: You should assume that the author of this document has an aliate relationship and/or another material connection to the providers of goods and services mentioned in this report THIRD PARTY COPYRIGHT: and may be compensated when you purchase from a To the extent that copyright subsists in a third party it provider. remains with the original owner. Content compiled and adapted by: Vincent Hardy & J-F Bouchard © Copyright 9218-0082 Qc Inc July 2019 — Spy Lingo — A Secret Eye Table Of Contents INTRODUCTION 4 ALPHA 5 Ab - Ai 5 Al - As 6 Au - Av 7 Bravo 8 Ba - Bl 8 Bl - Bre 9 Bri - Bu 10 CHARLIE 11 C3 - Can 11 Car - Chi 12 Cho - Cl 13 Cn - Com 14 Comp - Cou 15 Cov 16 Cu 17 DELTA 18 Da - De 18 De - Di 19 Di - Dru 20 Dry - Dz 21 Echo 22 Ea - Ex 22 Ey 23 FOXTROT 24 Fa - Fi 24 Fl - For 25 Fou - Fu 26 GOLF 27 Ga - Go 27 Gr - Gu 28 HOTEL 29 Ha - Hoo 29 Hou - Hv 30 INDIA 31 Ia -
The Wikileaks Threat
The WikiLeaks Threat An Overview by Palan6r Technologies, HBGary Federal, and Berico Technologies WikiLeaks Overview • WikiLeaks was launched in 2006 by self-described Chinese dissidents and interested parties from five continents - Within a year of its launch, WikiLeaks claimed to possess over 1.2 million documents from thirteen countries • As of January 2010, the WikiLeaks team consisted of five full-time employees and about 800 volunteers - The employees and volunteers are spread across the world, with their identities largely unknown Julian Assange Born: July 3, 1971 in Queensland, Australia Marital Status: Divorced Children: Daniel Assange, age 20 Occupaon: Editor-in-Chief and SPokesPerson for WikiLeaks Current Locaon: South-western United Nov 18, 2010 – Arrest warrant issued by a Stockholm Kingdom - contact informa6on allegedly given to district court on susPicion of rape, seXual molesta6on, and unlawful coercion the MetroPolitan Police Service in London Nov 30, 2010 – Placed on INTERPOL Red No9ce List of wanted persons for “sex crimes” Dec 2, 2010 – Arrest warrant issued by Sweden, following a request by UK’s Serious and Organised Crime Agency A[orney-General of Australia Robert McClelland has not ruled out the Possibility of Australian authori6es canceling Assange's PassPort, and warned that he may face charges, should he return to Australia, due to the Member countries of INTERPOL “Poten6al number of criminal laws that could have Users of the Red No6ce List of Wanted Persons been breached by the release of the [US DiPloma6c Cables].” -
Twitter V. Sessions
Case4:14-cv-04480-YGR Document52-1 Filed02/17/15 Page1 of 27 1 Brett Max Kaufman (Of Counsel) [email protected] 2 TECHNOLOGY LAW & POLICY CLINIC NEW YORK UNIVERSITY SCHOOL OF LAW 3 245 Sullivan Street New York, New York 10012 4 Telephone: 212-998-6430 Facsimile: 212-995-4031 5 Joseph C. Gratz (SBN 240676) 6 [email protected] DURIE TANGRI LLP 7 217 Leidesdorff Street San Francisco, CA 94111 8 Telephone: 415-362-6666 Facsimile: 415-236-6300 9 Attorneys for Amicus Curiae 10 Freedom of the Press Foundation 11 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 TWITTER, INC., Case No. 4:14-cv-04480-YGR 16 Plaintiff, BRIEF OF AMICUS CURIAE FREEDOM OF THE PRESS FOUNDATION IN SUPPORT OF 17 v. PLAINTIFF’S OPPOSITION TO DEFENDANTS’ PARTIAL MOTION TO 18 ERIC HOLDER, DISMISS Attorney General of the United States, 19 Ctrm: 1 – 4th Floor UNITED STATES DEPARTMENT OF JUSTICE, Judge: Honorable Yvonne Gonzalez Rogers 20 JAMES COMEY, 21 Director of the Federal Bureau of Investigation, and 22 FEDERAL BUREAU OF INVESTIGATION, 23 Defendants. 24 25 26 27 28 BRIEF OF AMICUS CURIAE FREEDOM OF THE PRESS FOUNDATION ISO PLAINTIFF’S OPPOSITION TO DEFENDANTS’ PARTIAL MOTION TO DISMISS / CASE NO. 4:14-CV-04480-YGR Case4:14-cv-04480-YGR Document52-1 Filed02/17/15 Page2 of 27 1 TABLE OF CONTENTS 2 Page 3 STATEMENT OF INTEREST OF AMICUS CURIAE .............................................................................1 4 INTRODUCTION .......................................................................................................................................1 5 ARGUMENT ...............................................................................................................................................2 6 I. TRANSPARENCY REPORTING BY TECHNOLOGY COMPANIES ABOUT GOVERNMENT SURVEILLANCE ON U.S. -
Stingray Cell-Site Simulator Surveillance and the Fourth
St. John's Law Review Volume 93 Number 2 Volume 93, 2019, Number 2 Article 3 Stingray Cell-Site Simulator Surveillance and the Fourth Amendment in the Twenty-First Century: A Review of The Fourth Amendment in an Age of Surveillance, and Unwarranted Harvey Gee Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. BOOK REVIEW STINGRAY CELL-SITE SIMULATOR SURVEILLANCE AND THE FOURTH AMENDMENT IN THE TWENTY-FIRST CENTURY: A REVIEW OF THE FOURTH AMENDMENT IN AN AGE OF SURVEILLANCE, AND UNWARRANTED BARRY FRIEDMAN, UNWARRANTED: POLICING WITHOUT PERMISSION, NEW YORK: FARRAR, STRAUSS AND GIROUX, 2017. PP. 434. DAVID GRAY, THE FOURTH AMENDMENT IN AN AGE OF SURVEILLANCE, NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2017. PP. 305. HARVEY GEE† INTRODUCTION The police can secretly track your every physical movement, listen to your private conversations, and collect data from your cell phone—all without first getting a warrant based on probable cause, signed off by a judge. “WTF?!” you text. Indeed, this practice by law enforcement using portable Stingray cell-site simulators as digital surveillance tools has also raised the eyebrows of privacy advocates and state and federal courts across the country in the past few years. † The author is an attorney in San Francisco. He previously served as an attorney with the Office of the Federal Public Defender in Las Vegas and Pittsburgh, the Federal Defenders of the Middle District of Georgia, and the Office of the Colorado State Public Defender. -
Last Call for the Third Party Doctrine in the Digital Age After Carpenter?
GEE_5.16.20_FINAL (DO NOT DELETE) 8/22/2020 12:42 PM ARTICLE LAST CALL FOR THE THIRD-PARTY DOCTRINE IN THE DIGITAL AGE AFTER CARPENTER? HARVEY GEE† INTRODUCTION ............................................................................................... 287 I. FROM MILLER AND SMITH TO CARPENTER: THE ORIGINS AND DEVELOPMENT OF THE THIRD-PARTY DOCTRINE ........................................................ 290 II. DEPARTING FROM SMITH AND MILLER: CARPENTER DIGITIZES THE KATZ REASONABLE EXPECTATION OF PRIVACY TEST .................................. 297 III. AFTER CARPENTER: ARGUING FOR A WARRANT REQUIREMENT FOR HISTORICAL AND REAL-TIME CLSI, THE THIRD-PARTY DOCTRINE IS NOT APPLICABLE TO REAL-TIME CELL PHONE MONITORING, AND THE THREAT OF FACIAL RECOGNITION SURVEILLANCE TECHNOLOGY ..... 300 A. Arguing for a Warrant Requirement for Real-Time CLSI .............. 302 B. The Third-Party Doctrine is Not Applicable to Real-Time Cell phone Monitoring ................................................................................... 310 C. The Threat of Facial Recognition Surveillance Technology and the Need for Regulation ..................................................................... 315 CONCLUSION ................................................................................................... 323 † The author is an attorney in San Francisco. He previously served as an attorney with the Office of the Federal Public Defender in Las Vegas and Pittsburgh, the Federal Defenders of the Middle District of Georgia, and the Office of the Colo-